Case law

State Ex Rel. Le Blanc v. Democratic State Central Committee

229 La. 556 · Supreme Court of Louisiana · Feb 20, 1956

LSA-R.S. 18:358 is clearly inapplicable and not controlling in the present controversy. … This doctrine was clearly announced in the case of Reid v. Brunot, 153 La. 490 , 96 So. 43 .

Toups v. Sears, Roebuck and Co., Inc.

507 So. 2d 809 · Supreme Court of Louisiana · May 18, 1987

In sum, the numerous trial errors here resulted in a jury verdict that was clearly wrong. Arceneaux v. … Breach of the duty to warn was clearly a cause-in-fact of Shawn Toups' injuries.

State v. Nicholas

359 So. 2d 965 · Supreme Court of Louisiana · Jun 19, 1978

. *968 At the multiple offender sentencing hearing of defendant Ulyses Smith, Officer Bono, assigned to the Record Center, Identification Section of the New Orleans Police Department, was qualified as an expert in fingerprint … Tillman, 356 So.2d 1376 (La. 1978), documents brought into court by a police officer assigned to the record room were held to be not properly authenticated, since they were uncertified and because it was not established by

Succession of Baum

11 Rob. 314 · Supreme Court of Louisiana · Jul 15, 1845

The objections were: 1st, that it does not appear that the witnesses were sworn before a person qualified to administer an oath; and 2nd, that Kellar had no opportunity of cross examining the witnesses. I. … A distinction ought clearly to be made between an original action, and one by intervention.

State v. Cunningham

903 So. 2d 1110 · Supreme Court of Louisiana · Jun 13, 2005

Defendant contends certificates of scientific analysis are testimonial scientific testimony which are not immune to the Crawford analysis. … Thus, the procedure established by La.Rev.Stat. 15:499-501 clearly shifts the burden away from the State to prove each and every element of the charged offense beyond a reasonable doubt.

State v. Cardinale

251 La. 827 · Supreme Court of Louisiana · Jan 15, 1968

It was established that the diagram had been drawn by the witness according to the things he had actually seen while he was at the locale. … Defendant urges that the short time taken "clearly indicates a lack of serious deliberation upon a matter so serious as the life or death of the accused, and for this factor alone [this bill] should be the basis of a mistrial

State v. Hammond Packing Co.

110 La. 180 · Supreme Court of Louisiana · Mar 2, 1903

“But though it is thus clearly settled that statutes may be repealed by implication, and without express words, still the leaning of the courts is against the doctrine, if it be possible to reconcile the two acts of the Legislature … to the home companies, to the extent that the law conflicted with the constitutional provision of the United States government, which provides that “the citizens of each state shall be entitled to all the privileges and immunities

State v. Jacobs

803 So. 2d 933 · Supreme Court of Louisiana · Jul 16, 2001

to remove non-blacks, although sixty-five percent of the qualified venire was nonblack. … The judge then stated he would not require reasons because the defense had not established a prima facie case. [2] The prosecutor ultimately struck nine of eleven blacks in the qualified venire.

Succession of McAuley

29 La. Ann. 33 · Supreme Court of Louisiana · Jan 15, 1877

Her husband returned immediately, and on the eighteenth of that month presented the will or wills of his deceased wife for probate and qualified as executor. … they stood did not convey any meaning, the established rules of construction clearly authorized the transposition.”

State of Louisiana v. Willie James Robertson

172 So. 3d 616 · Supreme Court of Louisiana · Jun 30, 2015

not essential that the act of the defendant should have been the sole cause of the death; if it hastened the termination of life, or contributed, mediately or immediately, to the death, in a degree sufficient to be a clearly … Even though the medical examiner in this cold case was deceased, the prosecution could have retained a qualified expert to examine the autopsy report and Certificate of Death to provide testimony regarding, inter alia,

Whitley v. State Ex Rel. Board of Supervisors of Louisiana State University Agricultural Mechanical College Ex Rel. Medical Center of Louisiana at New Orleans-University Campus

66 So. 3d 470 · Supreme Court of Louisiana · Jul 1, 2011

Acts No. 434, § 1 (establishing the Louisiana Government Claims Act pursuant to authority vested by La. Const, art. XII, § 10). In 1983, Section 5107 was amended and divided into Subsections A and B. See 1983 La. … However, immunity for discretionary acts of executive, legislative, and judicial officers within the scope of their legally defined powers shall not be abridged. | u(2) The state and its agencies shall be liable for claims

Benton Casing Service, Inc. v. Avemco Ins. Co.

379 So. 2d 225 · Supreme Court of Louisiana · Jun 25, 1979

The definition of insured for Coverage A relates to Item 7, but does not exclude coverage to a qualified certified pilot who flies the aircraft with the permission of the named insured. … Coverage in these circumstances is clearly provided in Coverage C of the policy. The aircraft is insured against loss or damage while in flight.

Aaron v. Bayon

131 La. 228 · Supreme Court of Louisiana · Jun 13, 1912

A decree of Riom very clearly explains the reasons for which the Legislature did not grant a legal mortgage to the child during marriage. … It is from motives of public order that the legislator has exempted the father from a legal mortgage; so much so that particular conventions which establish a mortgage are stricken with nullity.”

State v. Thomas

447 So. 2d 1053 · Supreme Court of Louisiana · Feb 27, 1984

Victims Barber and Dawson were clearly intimidated: first, by defendant's badge; second, by his threat of trouble; and third, by his general demeanor and aura of authority. … R.S. 14:66 states: Extortion is the communication of threats to another with intentions thereby to obtain anything of value or any acquittance, advantage, or immunity of any description.

Jenkins v. Parish of Caddo

7 La. Ann. 559 · Supreme Court of Louisiana · Oct 15, 1852

The court house was established upon it. Angus McNeil was examined as a witness, by the plaintiff, under commission. His testimony is loosely taken. … It is true, it commences with an order to the drawee to paya sum certain, ondemand, but it is qualified by the subsequent reference to a donation, and a resolution, in accordance with which the payment is to be made, and

Rauschkolb v. Di Matteo

190 La. 7 · Supreme Court of Louisiana · May 2, 1938

On March 12, 1910, John Caruso was named dative tutor by a family meeting, but, apparently, he also failed to qualify. … Pumilia et al., 177 La. 47 , 147 So. 496 , is erroneous, having placed too rigid and strict'a construction and interpretation upon the law, contrary to the established jurisprudence, and it is therefore overruled.

Jackson v. Coxe

208 La. 715 · Supreme Court of Louisiana · Jun 29, 1945

Article 249 provided: “There shall be elected by the qualified electors of the State .a Superintendent of Public Education, who shall hold his office for the term of four years, and until his successor is qualified. … Considering the multitudinous duties assigned to him by the statute, clearly he is not a figurehead.

Walker v. Gaines P. Wilson & Son, Inc.

340 So. 2d 985 · Supreme Court of Louisiana · Nov 8, 1976

A judgment for total permanent disability should be awarded when the claimant is shown to be totally disabled at the time of trial and the duration of such disability is indefinite or the evidence does not clearly indicate … The trial court was correct in awarding compensation during total permanent disability, as required by the established jurisprudence.

State v. Romero

574 So. 2d 330 · Supreme Court of Louisiana · Apr 6, 1990

When combined with the disappearance of patient charts for extended periods of time, this evidence casts grave doubt upon the reliability of the notes and clearly establishes them as untrustworthy. … These clearly establish that Dr. Jesusa and Dr.

Wilson v. Ebasco Services, Inc.

393 So. 2d 1248 · Supreme Court of Louisiana · Jan 26, 1981

Total Disability The record clearly establishes the validity of plaintiff's claim for total disability. At trial, the depositions of four doctors were introduced into evidence. … Depending upon her ability to cope with pain, then, plaintiff may not necessarily qualify as an odd-lot worker. However, the judgment should not be based upon speculation.